United States environmental law

US environmental policy

Part of a series on

Environmental law
Pollution control law

* Environmental impact assessment
* Air quality law
* Water quality law
* Waste management law
* Environmental cleanup law

Natural resources law

* Species protection
* Water resources law
* Mining law
* Forestry law
* Fisheries law
* Game law

Reference materials

* Environmental journals
* International environmental agreements
* Environmental laws by country
* Environmental lawsuits
* Environmental ministries
* Supranational environmental agencies

Related topics

* Administrative law
* Bankruptcy law
* Climate change litigation
* Earth jurisprudence
* Earth law
* Ecocide
* Energy law
* Environmental crime
* poaching
* Environmental personhood
* Environmental justice
* Insurance law
* International law
* Land law
* Land use
* Law of the sea
* Property law
* Public trust doctrine
* Rights of nature
* Right to a healthy environment
* War and environmental law
* Wild law

* v
* t
* e

United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States.

## Scope

[edit]

See also: List of United States federal environmental statutes

This section is an excerpt from Environmental law.[edit]

Environmental laws are laws that protect the environment.[1] The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activities on ecosystems and natural resources, such as forests, minerals, or fisheries. It addresses issues such as pollution control, resource conservation, biodiversity protection, climate change mitigation, and sustainable development. As part of both national and international legal frameworks, environmental law seeks to balance environmental preservation with economic and social needs, often through regulatory mechanisms, enforcement measures, and incentives for compliance.

The field emerged prominently in the mid-20th century as industrialization and environmental degradation spurred global awareness, culminating in landmark agreements like the 1972 Stockholm Conference and the 1992 Rio Declaration. Key principles include the precautionary principle, the polluter pays principle, and intergenerational equity. Modern environmental law intersects with human rights, international trade, and energy policy.

Internationally, treaties such as the Paris Agreement (2015), the Kyoto Protocol (1997), and the Convention on Biological Diversity (1992) establish cooperative frameworks for addressing transboundary issues. Nationally, laws like the UK's Clean Air Act 1956 and the US Toxic Substances Control Act of 1976 establish regulations to limit pollution and manage chemical safety. Enforcement varies by jurisdiction, often involving governmental agencies, judicial systems, and international organizations. Environmental impact assessments are a common way to enforce environmental law.

Challenges in environmental law include reconciling economic growth with sustainability, determining adequate levels of compensation, and addressing enforcement gaps in international contexts. The field continues to evolve in response to emerging crises such as biodiversity loss, plastic pollution in oceans, and climate change.

The United States Congress has enacted federal statutes intended to address pollution control and remediation, including for example the Clean Air Act (air pollution), the Clean Water Act (water pollution), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) (contaminated site cleanup). There are also federal laws governing natural resources use and biodiversity which are strongly influenced by environmental principles, including the Endangered Species Act, National Forest Management Act, and Coastal Zone Management Act. The National Environmental Policy Act, governing environmental impact review in actions undertaken or approved by the U.S. federal government, may implicate all of these areas.

Federalism in the United States has played a role in the shape of national environmental legislation. Many federal environmental laws employ cooperative federalism mechanisms - many federal regulatory programs are administered in coordination with the U.S. states. Furthermore, the states generally have enacted their own laws to cover areas not preempted by federal law. This includes areas where Congress had acted in limited fashion (e.g., state site cleanup laws to handle sites outside Superfund) and where Congress has left regulation primarily to the states (e.g., water resources law).

## History

[edit]

See also: Environmental movement in the US and Environmental policy of the US

The history of environmental law in the US can be traced back to early roots in common law doctrines, for example, the law of nuisance and the public trust doctrine. The first environmental statute was the Rivers and Harbors Act of 1899, which has been largely superseded by the Clean Water Act (CWA). However, most current major environmental statutes, such as the federal statutes listed above, were passed in the time spanning the late 1960s through the early 1980s. Prior to the passage of these statutes, most federal environmental laws were not nearly as comprehensive.

Silent Spring, a 1962 book by Rachel Carson, is frequently credited as launching the environmental movement in the United States. The book documented the effects of pesticides, especially DDT, on birds and other wildlife.[2][3] Among the most significant environmental disasters of the 1960s was the 1969 Santa Barbara oil spill, which generated considerable public outrage as Congress was considering several major pieces of environmental legislation. (See Environmental movement in the United States.)

One lawsuit that has been widely recognized as one of the earliest environmental cases is Scenic Hudson Preservation Conference v. Federal Power Commission, decided in 1965 by the Second Circuit Court of Appeals, prior to passage of the major federal environmental statutes.[4] The case helped halt the construction of a power plant on Storm King Mountain in New York State. The case has been described as giving birth to environmental litigation and helping create the legal doctrine of standing to bring environmental claims.[5] The Scenic Hudson case also is said to have helped inspire the passage of the National Environmental Policy Act (NEPA), and the creation of such environmental advocacy groups as the Natural Resources Defense Council.[citation needed]

### 21st century

[edit]

In the early 21st century US Congress was no longer pursuing environmental lawmaking. According to Richard Lazarus, the role of the judiciary shifted. Environmental justice for disadvantaged communities finally became a forefront issue. As of 2023, environmental law became seriously destabilized with the election of President Donald Trump in 2016.[6]

## Legal sources

[edit]

Laws from every stratum of the laws of the United States pertain to environmental issues. Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive. Concurrently, the legislatures of the fifty states have passed innumerable comparable sets of laws.[7] These state and federal systems are foliated with layer upon layer of administrative regulation. Meanwhile, the US judicial system reviews not only the legislative enactments, but also the administrative decisions of the many agencies dealing with environmental issues. Where the statutes and regulations end, the common law begins.[8]

### Federal statutes

[edit]

Main article: List of United States Federal Environmental Statutes

See also: Environmental policy of the United States

### State statutes

[edit]

See also: California Environmental Quality Act

### Federal regulation

[edit]

Consistent with the federal statutes that they administer, US federal agencies promulgate regulations in the Code of Federal Regulations that fill out the broad programs enacted by Congress. Primary among these is Title 40 of the Code of Federal Regulations, containing the regulations of the Environmental Protection Agency (EPA). Other important CFR sections include Title 10 (energy), Title 18 (Conservation of Power and Water Resources), Title 21 (Food and Drugs), Title 33 (Navigable Waters), Title 36 (Parks, Forests and Public Property), Title 43 (Public Lands: Interior) and Title 50 (Wildlife and Fisheries).

### Judicial decisions

[edit]

See also: List of environmental lawsuits

The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests. The decisions of the Supreme Court in cases such as Calvert Cliffs Coordinating Committee v. U.S. Atomic Energy Commission (broadly reading the procedural requirements of NEPA), Tennessee Valley Authority v. Hill (broadly reading the Endangered Species Act), and, much more recently, Massachusetts v. EPA (requiring EPA to reconsider regulation of greenhouse gases under the Clean Air Act) have had policy impacts far beyond the facts of the particular case.

### Common law

[edit]

The common law of tort is an important tool for the resolution of environmental disputes that fall beyond the confines of regulated activity. Prior to the modern proliferation of environmental regulation, the doctrines of nuisance (public or private), trespass, negligence, and strict liability apportioned harm and assigned liability for activities that today would be considered pollution and likely governed by regulatory regimes.[9] These doctrines remain relevant, and most recently have been used by plaintiffs seeking to impose liability for the consequences of global climate change.[10]

The common law also continues to play a leading role in American water law, in the doctrines of riparian rights and prior appropriation.

## Administration

[edit]

See also: List of environmental organizations § Government organizations

In the United States, responsibilities for the administration of environmental laws are divided between numerous federal and state agencies with varying, overlapping, and sometimes conflicting missions. EPA is the most well-known federal agency, with jurisdiction over many of the country's national air, water and waste and hazardous substance programs.[11][12][13] Other federal agencies, such as the U.S. Fish and Wildlife Service and National Park Service pursue primarily conservation missions,[14][15] while still others, such as the United States Forest Service and the Bureau of Land Management, tend to focus more on beneficial use of natural resources.[16][17]

Federal agencies operate within the limits of federal jurisdiction. For example, EPA's jurisdiction under the Clean Water Act is limited to "waters of the United States". In many cases federal laws allow for more stringent regulation by states, and of transfer of certain federally mandated responsibilities from federal to state control. US state governments, therefore, administering state law adopted under state police powers or federal law by delegation, uniformly include environmental agencies.[18] The extent to which state environmental laws are based on or depart from federal law varies from jurisdiction to jurisdiction.

Thus, while a permit to fill non-federal wetlands might require a permit from a single state agency, larger and more complex endeavors—for example, the construction of a coal-fired power plant—might require approvals from numerous federal and state agencies.[18]

### Enforcement

[edit]

In the United States, violations of environmental laws are generally civil offenses, resulting in monetary penalties and, perhaps, civil sanctions such as injunction. Many environmental laws also provide for criminal penalties for egregious violations. Some federal laws, such as the Clean Water Act, also allow a U.S. citizen to file a lawsuit against a violator, if the government has failed to take enforcement action.[19]

Environmental agencies often include separate enforcement offices, with duties including monitoring permitted activities, performing compliance inspections, issuing citations and prosecuting wrongdoing (civilly or criminally, depending on the violation). EPA's Office of Enforcement and Compliance Assurance is one such agency. Others, such as the United States Park Police, carry out more traditional law enforcement activities.

Adjudicatory proceedings for environmental violations are often handled by the agencies themselves under the structures of administrative law. In some cases, appeals are also handled internally (for example, EPA's Environmental Appeals Board). Generally, final agency determinations may subsequently be appealed to the appropriate court.

As environmental law becomes more widespread in the United States, another form of enforcement is emerging. Economic sanctions and incentives are the next wave of enforcement techniques. However, other researchers believe that the best way to enforce environmental regulation is to enforce non-environmental laws that can also have positive results for the environment. Some researchers have found that this leads to better environmental performance with bipartisan support [20]

## Education

[edit]

### Law schools

[edit]

In 2023, U.S. News & World Report ranked The Elisabeth Haub School of Law at Pace University, Northwestern School of Law of Lewis and Clark College, UC Berkeley School of Law, New York University School of Law (tie), UCLA School of Law (tie), and the Vermont Law School (tie) in the top five for environmental law programs.[21]

### Courses and training

[edit]

Several law schools host legal clinics that focus on environmental law, providing students with an opportunity to learn about environmental law in the context of real world disputes involving actual clients.[22]

## Environmental protection cases

[edit]

### Water

[edit]

* EI duPont de Nemours & Co. v. Train, 430 U.S. 112 (1977)
* Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. (2000)
* S. D. Warren Co. v. Maine Board of Environmental Protection (2006)
* Rapanos v. United States (2006)
* County of Maui v. Hawaii Wildlife Fund (2020)
* Sackett v. Environmental Protection Agency (2023)

### Air pollution

[edit]

* Union Elec. Co. v. EPA, 427 U.S. 246 (1976)
* Chevron USA v. Natural Resources Defense Council, 467 U.S. 837 (1984)
* Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007)

See also: Climate change policy of the United States

### Solid and hazardous waste

[edit]

* City of Philadelphia v. New Jersey (1978)
* City of Chicago v. Environmental Defense Fund, 511 U.S. 328 (1994)

## See also

[edit]

* US administrative law
* Environmental policy of the United States
* Energy policy of the United States
* US corporate law

## Notes

[edit]

1. ^ Phillipe Sands (2003) Principles of International Environmental Law. 2nd Edition. p. xxi Available at [1] Accessed 19 February 2020
2. ^ Carson, Rachel (2002) [1962]. Silent Spring (40th anniversary ed.). New York: Houghton Mifflin Harcourt. ISBN 9780618249060.
3. ^ Hynes, H. Patricia (1989). The Recurring Silent Spring. Athene series. New York: Pergamon Press. ISBN 0-08-037117-5.
4. ^ Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608, December 29, 1965.
5. ^ Scenic Hudson, Inc. "Scenic Hudson Collection: Records Relating to the Storm King Case, 1963-1981." Archived 2005-12-18 at the Wayback Machine Archives and Special Collections, Marist College, Poughkeepsie, NY.
6. ^ Lazarus, Richard J. (2023). The making of environmental law (Second ed.). Chicago ; London: The University of Chicago Press. ISBN 978-0-226-82153-5.
7. ^ See, e.g., Pennsylvania
8. ^ See, e.g., Second Circuit Clarifies Superfund Cost Recovery and Liability Issues (analyzing court application of statutory provisions of CERCLA, also known as Superfund.)
9. ^ See West's Encyclopedia of American Law, Environmental Law.
10. ^ Cases collected at Climatecasechart.com (Common Law Claims)
11. ^ "Laws and Regulations". EPA. 2017-09-13.
12. ^ Zajac, Lauren; Sprecher, Eli; Landrigan, Philip J; Trasande, Leonardo (2009-03-26). "A systematic review of US state environmental legislation and regulation with regards to the prevention of neurodevelopmental disabilities and asthma". Environmental Health. 8 (1): 9. Bibcode:2009EnvHe...8....9Z. doi:10.1186/1476-069X-8-9. ISSN 1476-069X. PMC 2667485. PMID 19323818.
13. ^ "Regulatory Information By Topic". EPA. 2017-04-05.
14. ^ "About Us". Washington, D.C.: U.S. National Park Service. Retrieved 2017-10-24.
15. ^ "About the U.S. Fish and Wildlife Service". Washington, D.C.: U.S. Fish and Wildlife Service. 2016-03-24.
16. ^ "About the Agency". Washington, D.C.: U.S. Forest Service. Retrieved 2017-10-24.
17. ^ "About Us". Washington, D.C.: U.S. Bureau of Land Management. Retrieved 2017-10-24.
18. ^ a b "Health and Environmental Agencies of U.S. States and Territories". EPA. 2017-06-29.
19. ^ United States. Clean Water Act, sec. 505, 33 U.S.C. § 1365
20. ^ Wassersug, Stephen R.; Ercmann, Sevine; Khan, Rahmatullah; Rummel-Bulska, Iwona (1990). "XIII. Special Reports". Yearbook of International Environmental Law. 1 (1): 353–386\. doi:10.1093/yiel/1.1.353. ISSN 2045-0052.
21. ^ "Best Environmental Law Programs". US News. U.S. News & World Report. Retrieved 2023-05-24.
22. ^ See, e.g., Adam Babich, The Apolitical Law School Clinic, 11 Clinical L. Rev. 447 (2005).

## External links

[edit]

* US Environmental Protection Agency
* Environmental Law Institute
* History of Scenic Hudson \- the advocacy group which brought the landmark case Scenic Hudson Preservation Conference v. Federal Power Commission
* Excerpt from "The Birth of Environmentalism" by Robert E. Taylor
* Federal Environmental Protection Bills - GovTrack.us (GovTrack)

* v
* t
* e

United States environmental law

Supreme Court
decisions|

* Missouri v. Holland (1920)
* Sierra Club v. Morton (1972)
* Vermont Yankee v. NRDC (1978)
* Hughes v. Oklahoma (1979)
* Lujan v. National Wildlife Federation (1990)
* Friends of the Earth v. Laidlaw Environmental Services (2000)
* BP P.L.C. v. Mayor and City Council of Baltimore (2021)

| NEPA cases|

* United States v. SCRAP (1973)
* Metropolitan Edison Co. v. People Against Nuclear Energy (1983)
* Baltimore Gas & Electric Co. v. Natural Resources Defense Council (1983)
* Department of Transportation v. Public Citizen (2004)
* Norton v. Southern Utah Wilderness Alliance (2004)
* Winter v. Natural Resources Defense Council (2008)
* Monsanto Co. v. Geertson Seed Farms (2010)

|

CAA cases|

* Train v. Natural Resources Defense Council (1975)
* Chevron v. Natural Resources Defense Council (1984)
* Whitman v. American Trucking Associations (2001)
* Alaska Department of Environmental Conservation v. EPA (2004)
* Department of Transportation v. Public Citizen (2004)
* Massachusetts v. EPA (2007)
* Environmental Defense v. Duke Energy Corp. (2007)
* American Electric Power Co. v. Connecticut (2011)
* Utility Air Regulatory Group v. EPA (2014)
* Michigan v. EPA (2015)
* HollyFrontier Cheyenne Refining v. Renewable Fuels Association (2021)
* West Virginia v. EPA (2022)

RCRA cases|

* City of Philadelphia v. New Jersey (1978)
* Southern Union Co. v. United States (2012)

ESA cases|

* Tennessee Valley Authority v. Hill (1978)
* Lujan v. Defenders of Wildlife (1992)
* Babbitt v. Sweet Home Chapter of Communities for a Great Oregon (1995)
* National Association of Home Builders v. Defenders of Wildlife (2007)
* Weyerhaeuser Company v. United States Fish and Wildlife Service (2018)
* United States Fish and Wildlife Service v. Sierra Club (2021)

CWA cases|

* United States v. Riverside Bayview (1985)
* SWANCC v. Army Corps of Engineers (2001)
* South Florida Water Management District v. Miccosukee Tribe (2004)
* S. D. Warren Co. v. Maine Board of Environmental Protection (2006)
* Rapanos v. United States (2006)
* National Association of Home Builders v. Defenders of Wildlife (2007)
* Entergy Corp. v. Riverkeeper Inc. (2009)
* Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009)
* Sackett v. EPA I (2012)
* Los Angeles County Flood Control District v. Natural Resources Defense Council (2013)
* Army Corps of Engineers v. Hawkes Co. (2016)
* National Association of Manufacturers v. Department of Defense (2018)
* County of Maui v. Hawaii Wildlife Fund (2020)
* Sackett v. EPA II (2023)

CERCLA cases|

* United States v. Bestfoods (1998)
* Guam v. United States (2021)

Major
federal legislation,
treaties,
and lower court
decisions|

* Yellowstone National Park Protection Act (1872)
* Forest Service Organic Administration Act (1897)
* Rivers and Harbors Act (1899)
* Refuse Act
* Lacey Act (1900)
* Weeks Act (1911)
* North Pacific Fur Seal Convention of 1911 (1911)
* Weeks–McLean Act (1913)
* Migratory Bird Treaty Act (1918)
* Clarke–McNary Act (1924)
* Oil Pollution Act (1924)
* McSweeney-McNary Act (1928)
* Fish and Wildlife Coordination Act (1934)
* Watershed Protection and Flood Prevention Act (1954)
* Air Pollution Control Act (1955)
* Fish and Wildlife Act (1956)
* Oil Pollution Act (1961)
* Clean Air Act (1963, 1970, 1977, 1990)
* Acid Rain Program
* Scenic Hudson Preservation Conference v. Federal Power Commission (2nd Cir. Court of Appeals, 1965)
* Solid Waste Disposal Act (1965)
* Endangered Species Act (1969)
* Environmental Quality Improvement Act (1970)
* National Environmental Policy Act (1970)
* Clean Water Act (1972, 1977, 1987, 2014)
* Coastal Zone Management Act (1972)
* Coastal Zone Management Program
* Federal Insecticide, Fungicide, and Rodenticide Act (1972)
* Marine Protection, Research, and Sanctuaries Act (1972)
* Noise Control Act (1972)
* Endangered Species Act (1973)
* Oil Pollution Act (1973)
* Safe Drinking Water Act (1974, 1986, 1996)
* Water Resources Development Act (1974, 1976, 1986, 1988, 1990, 1992, 1996, 1999, 2000, 2007, 2014, 2016, 2022)
* Federal Noxious Weed Act (1975)
* Hazardous Materials Transportation Act (1975)
* Magnuson–Stevens Act (1976)
* Resource Conservation and Recovery Act (1976)
* Toxic Substances Control Act (1976)
* Surface Mining Control and Reclamation Act (1977)
* Uranium Mill Tailings Radiation Control Act (1978)
* CERCLA (Superfund) (1980)
* Emergency Planning and Community Right-to-Know Act (1986)
* Emergency Wetlands Resources Act (1986)
* Global Change Research Act (1990)
* National Environmental Education Act (1990)
* Oil Pollution Act (1990)
* Alien Species Prevention and Enforcement Act of 1992
* Food Quality Protection Act (1996)
* Energy Policy Act (2005)
* Energy Independence and Security Act (2007)
* Coalition for Responsible Regulation, Inc. v. EPA (D.C. Cir. Court of Appeals, 2012)
* Lautenberg Chemical Safety Act (2016)
* America's Water Infrastructure Act (2018)
* Infrastructure Investment and Jobs Act (2021)
* Louisiana v. Biden (5th Cir. Court of Appeals, 2022)
* CHIPS and Science Act (2022)
* Inflation Reduction Act (2022)

Federal agencies|

* Agency for Toxic Substances and Disease Registry
* Council on Environmental Quality
* National Highway Traffic Safety Administration
* Office of Surface Mining
* United States Environmental Protection Agency
* United States Fish and Wildlife Service
* U.S. Global Change Research Program

Regulations
and concepts|

* Best available technology
* Citizen suit
* Clean Power Plan
* Corporate average fuel economy
* Discharge Monitoring Report
* Effluent guidelines
* Environmental crime
* Environmental impact statement
* Environmental justice
* Executive Order 13432 (2007)
* Executive Order 13990 (2022)
* LDV Rule (2010)
* Maximum contaminant level
* National Ambient Air Quality Standards
* National Climate Assessment
* National Emissions Standards for Hazardous Air Pollutants
* National Priorities List
* New Source Performance Standards
* New Source Review
* Not-To-Exceed (NTE)
* PACE financing
* Presidential Climate Action Plan
* Renewable Fuel Standard
* Right to know
* Section 608 Certification
* Significant New Alternatives Policy
* State of the Climate
* Tailoring Rule (2010)
* Total maximum daily load
* Toxicity category rating
* Uranium Mill Tailings Remedial Action

* v
* t
* e

Law of the United States

Constitutional law
and legislation|

* Federalism
* Separation of powers
* Civil rights
* Act of Congress
* Bill (United States Congress)
* United States Code

Courts of the
United States|

| Federal courts|

* Supreme
* Appeals
* District (list)
* Bankruptcy
* Claims
* International Trade
* Tax

|

State courts|

* State supreme

Education|

* Pre-law
* Law School Admission Test
* Law school
* Reading law
* Bar exam
* Admission to the bar
* Master of Laws
* Doctor of Juridical Science

Types of law|

* Abortion
* Administrative law
* Antitrust
* Child custody
* Child sexual abuse
* Civil procedure
* Conflict of laws
* Constitutional
* Contract
* Copyright
* Property
* Corporate
* Criminal
* Procedure
* Energy
* Environmental
* Gun
* Human rights
* Juvenile
* Labor
* Martial
* Obscenity
* Patent
* Privacy
* State
* Financial
* Race
* Sports
* State
* Tort
* Defamation
* Trademark
* Trust
* Water
* Groundwater

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template